Ch. 580 FLORIDA COMMERCIAL FEED LAW Ch Title.-This chapter shall be known as Enforcement agency.

Transcription

1 Title Enforcement agency Definition of words and terms Master registration; application; refusal or cancellation of registration Labeling Inspection fees, payment thereof; enforcement; reporting system and bond requirement Adulteration Misbranding Inspection; sampling; analysis Regulations; standards, definitions Detained commercial feeds Certain acts prohibited Penalties; duties of law enforcement officers Penalty payable to consumer Publications Title.-This chapter shall be known as the "Florida Commercial Feed Law." History.-s. 1. ch , Enforcement agency.-this chapter shall be administered by the Department of Agriculture and Consumer Services, hereinafter referred to as the "department." History.-s. 2, ch , 1955; s. 1, ch ; ss. 14, 35, ch CHAPTER 580 FLORIDA COMMERCIAL FEED LAW Definition of words and terms. When used in this chapter the following terms shall have the meaning ascribed to them: (1) "Person" means individual, partnership, corporation, firm or association. (2) "Distribute" means to offer for sale, sell, barter or exchange commercial feed, or to supply, furnish or otherwise provide commercial feed for use in the state. (3) "Distributor" means any person who distributes commercial (4) "Commercial feed" means any material or combination of materials which are distributed for use as feed or for mixing in a feed for cats, cattle, chickens, chinchilla, deer, dogs, ducks, farm pond food fish, aviary birds, game birds, wild birds, geese, goats, guinea pigs, guinea fowl, hamsters, horses, mice, mink, monkeys, mules, nutria, pheasants, pigeons, rabbits, rats, sheep, swine, or turkeys, except: (a) Unmixed and unprocessed whole seeds. (b) Unground hay, straw, stover, silage, cobs, husks and hulls when unmixed with other material, provided that the department may by regulation prohibit the inclusion ofnonnutritive ingredients in commercial mixed feeds other than customer-formula feeds. (c) Individual chemical compounds when unmixed with other materials. (d) Mixed feed for consumer's own use made entirely or in part from products raised on said consumer's farm, except as may be provided by regulations of the department. (5) "Ingredient" means each of the constituent 941 materials used to make a commercial (6) "Customer-formula feed" means a commercial feed that is mixed according to the formula of the customer, furnished in writing over the signature of the customer. (7) The term "contract feeder" means a person who, as an independent contractor, feeds commercial feed or customer-formula feed to animals pursuant to a contract whereby such commercial feed or customer-formula feed is supplied, furnished or otherwise provided to such person; and whereby such person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product. (8) "Brand name" or "product name" means the term, design, or trademark or any other specific designation under which a commercial is distributed. (9) "Label" means a display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice accompanying the commercial (10) The term "labeling" means all labels and other written, printed, or graphic matters upon an article or any of its containers or wrappers, or accompanying such article; provided also, that if an article is alleged to be misbranded because the labeling is misleading, or ifan advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual. (11) The term "advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of (12) "Ton" means a net weight of 2,000 pounds avoirdupois. (13) "Percent" or "percentage" means percentage by weight. (14) "Official sample" means any sample of commercial feed taken by the department or its authorized agent and designated as official by the department. (15) "Special sample" means any sample of commercial feed taken by the department or its authorized agent which is not an "official sample." (16) Words importing the singular number have the meaning of the plural and words importing the plural number have the meaning of the singular. (17) Except as provided by law or regulation, all

2 terms used in connection with commercial feed shall have the meaning ascribed to them by the Association of American Feed Control officials. History.-s. 3, ch , 1955; s. 2, ch ; s. i, ch ; ss. 14, 35, ch ; s. 1, ch Master registration; application; refusal or cancellation of registration.- (}) Each distributor of commercial feed shall obtain a master registration before his brands are distributed in Florida. The application for master registration shall be submitted to the department on forms furnished by the department and shall be accompanied by a label for each brand being distributed. A label to cover each new brand or to cover each change in labeling shall be mailed to th~ depar~ment at the time such new or changed brand is distributed in Florida. Said form shall provide that applicant will comply with labeling, inspection fee payment and all other provisions of this chapter and regulation hereunder. The application shall cover all branches listed by the distributor and be signed by the owner, a partner of a partnership, or an authorized officer or agent of a corporation. The department shall mail a copy of the master registration to the distributor to signify that administrative requirements have been met, but this shall not necessarily signify approval of labeling. (2) A customer-formula feed shall be distributed only to the customer who requested it and shall not be redistributed. (3) Failure of any distributor to comply with registration shall be considered prima facie evidence of an attempt to violate this chapter, and the department shall have full authority to sample, analyze and assess penalties where ~eficie~cies are found. for any feed distributed in Florida prior to registration. (4) The department is empowered to refuse or to cancel the master registration of any distributor who violates or fails to comply with any of the provisions of this chapter or regulations hereunder, or for other good ca1:1se shown, but only after notice and opportunity for hearing. (5) The master registration shall remain in effect until canceled by the department or until withdrawn or discontinued by the registrant by written notice to the department. History.-s. 4, ch , 1955; s. 3, ch ; ss. 2, 3, ch ; ss. 14, 35, ch provided by regulation. For mineral feeds the list shall include the following: Maximum or minimum percentages of calcium (Ca), phosphorus (P), salt (NaCl), iron (Fe), copper (Cu), cobalt (Co), manganese (Mn), and flourine (F) if ingredients used as sources of any of these constituents are declared. All mixtures containing mineral or vitamin ingredients, generally regarded as dietary factors essential for the normal nutrition of animals, and which are sold or represented for the primary purpose of supplying these minerals or vitamins as additions to rations in which these same mineral or vitamin factors may be deficient, shall be classified as mineral or vitamin supplements. The department may by regulation limit the use of active drug ingredients in commercial feeds and prescribe the labeling to be used to insure safe usage of such medicated feeds. Other nutritional substances or elements determinable by laboratory methods may be guaranteed by permission of or shall be guaranteed at the request of the department as may be provided by regulation. Products sold solely as mineral or vitamin supplements and guaranteed as specified in this section need not show guarantees for protein, fat and fiber. (e) The common or usual name of each ingredient used in the manufacture of the commercial feed; however, the Commissioner, by regulation, may permit the use of collective terms for a group of ingredients which perform a similar function for commercial feed for poultry. (f) For customer-formula feed the labeling shall also show the name and address of the customer ordering the formula. (2) When a commercial feed is distributed in this state in bags or other containers, the label shall be placed on or affixed to the container; when a commercial feed is distributed in bulk the label shall accompany delivery and be furnished to the purchaser at time of delivery. (3) There shall be paid to the department the amount of $10 as penalty for the distribution of any commercial feed that is not accompanied with labeling required under this chapter, as may be determined by the department, and proceeds from any such penalty payments shall be deposited by the department in the General Inspection Trust Fund. History.-s. 5, ch , i955; s. 4, ch ; s. 2, ch ; s. 4, ch ; ss. 14, 35, ch ; s. 2, ch Inspection fees, payment thereof; en Labeling.- forcement; reporting system and bond require- (1) Any commercial feed distributed in this state ment.- shall be accompanied by a legible label bearing the (l)(a) Each registrant or distributor of commerfollowing information: cial feeds distributed in Florida shall make applica- (a) An accurate statement of the net weight. tion to the department for a permit to report the (b) The name and principal address of the distrib- tonnage of commercial feeds sold and pay the inspecutor. tion fee of25 cents per ton as in this chapter provid- (c) The brand name or product name under ed. The issuance of all permits will be conditioned on which the commercial feed is distributed. the applicant satisfying the department that he has (d) The guaranteed analysis, listing the mini- a good bookkeeping system and keeps such records mum percentage of crude protein, minimum per- as may be necessary to indicate accurately the toncentage of crude fat, and maximum percentage of nage of commercial feeds sold in this state and as are crude fiber, and, when more than 10 percent mineral satisfactory to the department and granting the auingredients are present, the minimum or maximum thorized representatives of the department permispercentages of mineral elements or compounds as sion to examine such records and verify the tonnage provided by regulation. Vitamin ingredients, when statement. The tonnage report shall be monthly, guaranteed, shall be shown in amounts and terms quarterly, semiannually, or annually as determined 942

3 by the department, and the inspection fee shall be due and payable on or before the 20th day of the month covering the tonnage and kind of commercial feeds sold during the preceding reporting period. The report shall be on forms furnished by the department and shall show the number of tons of each type of feed as shown on the forms so furnished. If the report is not filed and the inspection fee paid on the date due or if the report of tonnage be false, the amount of inspection fee due is subject to a penalty of 10 percent or $10, whichever is greater. Such penalty may be added to the inspection fee due and constitutes a debt and becomes a claim and lien against the surety bond which is required as hereinafter provided. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided herein shall constitute sufficient cause for revocation of the permit and also for cancellation of the master registration on file for the permittee. In order to guarantee faithful performance with the provisions of this chapter, each applicant for permit shall post with the department a surety bond in such amount as shall be required by the department to cover fees for any given reporting period, which amount shall not be less than $1,000, surety bond to be executed by a corporate surety company authorized to do business in Florida. The department shall approve all such bonds before acceptance. (b) In the event the permittee for any reason discontinues operating under the provisions of subsection UXa), the said bond posted by the permittee as provided therein, shall continue in full force and effect. However, in the event of such discontinuance of operation, the permittee may by written notice of such discontinuance to the department setting forth the date of such discontinuance, in which event said bond shall remain in force and effect for a period of 6 months thereafter for the filing of any claim or claims against the same; and after such period of 6 months the bond shall stand canceled except as to such claim or claims as have been filed prior thereto. (2) There shall be paid to the department for all commercial feed distributed in this state an inspection fee at the rate of25 cents per ton; provided, that sales of commercial feeds to manufacturers or exchanges between them are hereby exempted if the commercial feeds so sold or exchanged are used solely in the manufacture of feeds which are registered; provided, further, that invoices for such sales or exchanges show the following: "For mixing in registered brands only"; and provided, further, that such sales or exchanges shall be supported by a written purchase order or confirmation of purchase, which in form shall be subject to the approval of the department, signed by the manufacturer to whom such feeds are invoiced, showing that such feeds were purchased for use solely in the manufacture of feeds which are registered. A registrant may be exempted from subsection (l)(a) if he submits a written statement that all sales made are to registered manufacturers and exemption from inspection fee payment is made on all shipments as herein provided. All fees collected by the department under this chapter shall be paid to the State Treasurer to the credit of the General Inspection Trust Fund. The department 943 may employ all help necessary to carry out and enforce the provisions of this chapter and may designate any such employee to perform any duties necessary to carry out the terms of this chapter. All expenses and salaries shall be paid out of the General Inspection Trust Fund. History.-s. 6, ch , 1955; s. l, ch ; s. 2, ch ; s. 5, ch ; s. 5, ch ; ss. 14, 35, ch Adulteration.-No person shall distribute an adulterated commercial A commercial feed shall be deemed to be adulterated: (1) If it contains any poisonous, deleterious, or nonnutritive ingredient in sufficient amount to render it injurious to the health of the animal fed or to man using food produced by animals being fed in accordance with directions for use on the label. (2) If any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor. (3) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling. (4) If it contains added hulls, screenings, straw, cobs or other high fiber material unless the name of each such material is stated on the label. (5) If it contains a pesticide chemical, chemical additive or drug in an amount in excess of the permissible tolerances established by the department. History.-s. 7, ch , 1955; s. 6, ch ; s. l, ch ; s. 6, ch ; ss. 14, 35, ch. 69-1Cl Misbranding.-No person shall distribute misbranded A commercial feed shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular. (2) If it is distributed under the name of another (3) Ifit is not labeled as required ins and in regulations prescribed under this chapter. (4) If it purports to be, or is represented as, a commercial feed for which a definition of identity and standard of quality has been prescribed by regulation unless it conforms to such definition and standard. (5) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs, or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. History.-s. 8, ch , 1955; s. 7, ch Inspection; sampling; analysis.- (1) It shall be the duty of the department, which may act through its authorized agent, to sample and inspect commercial feeds distributed within this state at such time and place to such an extent as it may deem necessary to determine whether such commercial feeds are in compliance with the provisions of this chapter. The department, through its agent, is authorized to enter upon any public or business premises and in any vehicle of transport during

4 regular business hours in order to have access to commercial feeds and records relating to their transportation and sale, subject to the provisions of this chapter and the rules and regulations pertaining thereto. (2) It shall be the duty of the department to draw and to have analyses made of official and special samples. (3) The methods of sampling and analysis shall be those adopted by the department. (4) The department, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided solely by the official sample as defined in s (14) and obtained and analyzed as provided for in subsections (1) and (2). (5) When the inspection and analysis of an official sample indicate a commercial feed has been adulterated or misbranded, the results of analysis shall be forwarded by the department to the guarantor and the purchaser. On request, within 30 days from the date ofreport, the department shall furnish to the guarantor a portion of the sample concerned for check analysis. If requested by the guarantor within 60 days from the date of report, the department shall forward other portions of said sample to two referee chemists agreed upon by the department and the guarantor. The analysis fees of the referee chemists shall be paid by the guarantor. The average of analyses reported by the department and the two referee chemists shall become the official analysis. History.-8. 9, ch , 1955; 8. 8, ch ; ss. 14, 35, ch Regulations; standards, definitions. -The department is authorized to adopt and promulgate such reasonable rules and regulations as, in its judgment, shall be necessary or helpful in the efficient enforcement of this chapter, and the department is authorized specifically to adopt regulations establishing definitions and reasonable standards for commercial feeds and permissible tolerances for pesticide chemicals, chemical additives, or drugs in or on commercial feed in such amount as will insure the safety of livestock and poultry and the products thereof used for human consumption and to adopt by reference the regulations of the Federal Food and Drug Administration that relate to the manufacture and distribution of medicated feeds. An open hearing shall be held by the department before proposed rules, regulations, and standards are adopted. However, during an emergency involving health of animals the department may promulgate temporary regulations effective for the period of emergency or until regulations as above-mentioned may be promulgated. Notice of all hearings for consideration of proposed rules and regulations shall be sent at least 10 days prior to the hearings to the advisory council members representing the following areas: Beef cattle, swine, dairy, poultry, and commercial History.-s. 10, ch , 1955; 8. 9, ch ; s. 2, ch ; 8. 7, ch ; , 35, ch Detained commercial feeds.- (1) STOP-SALE, STOP-USE, REMOVAL OR HOLD ORDERS.-When the department has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this chapter or ofany of the prescribed regulations under this chapter, it may issue and enforce a written or printed stop-sale, stop-use, removal or hold order warning the distributor not to dispose of the feed in any manner until written permission is given by the department or a court of competent jurisdiction. The department shall release the commercial feed so withdrawn when the provisions and regulations have been complied with and all costs and expenses incurred in the withdrawal have been paid; provided that with the permission of the department any lot of feed under said stop-sale, stopuse, removal or hold order for reason of being "below guarantee" may be sold as such to a consumer who shall sign a statement professing that he, the consumer, had knowledge of the same at the time of purchase. If compliance is not obtained within areasonable time, the department shall begin proceedings for condemnation. (2) CONDEMNATION AND CONFISCATION. -Any lot of commercial feed not in compliance with the provisions of this chapter, or regulations hereunder, shall be subject to seizure on complaint of the department to the circuit judge or circuit court of the circuit in which said commercial feed is located. In the event the court finds the said commercial feed to be in violation of this chapter, or regulations hereunder, and orders the condemnation of said commercial feed, it shall be disposed of in the manner provided by said circuit judge or circuit court in the said order of condemnation; provided, that in no instance shall the disposition of said commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial feed or for permission to process or relabel said commercial feed to bring it into compliance with this chapter. History.-s. ll. ch , 1955; s. lo, ch ; s. 8, ch ; ss. 14, 35. ch Certain acts prohibited.-the following acts, or the causing thereof knowingly, within the state are prohibited: (1) The distribution of any commercial feed that is adulterated or misbranded. (2) The adulteration or misbranding of any commercial (3) The dissemination of any false advertisement or any other false advertising matter or material with reference to the distribution of commercial (4) The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized bys (5) The removal or disposal of a detained or "stop-saled" lot of commercial feed pursuant to s (6) The forging, counterfeiting, simulating, or falsely representing, or without proper authority using any label authorized or required bys , or any rules or regulations promulgated pursuant to the provisions of this chapter. (7) Placing, or permitting to be placed, any false advertisement or misleading fact or statement on labels as required under s (8) The redistribution of a customer-formula commercial

5 (9) The using or placing of fasteners which may be injurious to animals on any commercial feed, or bags of commercial feed, excepting only those distributed exclusively for poultry. (10) The failure or refusal to do or perform any affirmative provision, or the doing or performing of any prohibited provision of this chapter or of any rule or regulation promulgated pursuant to this chapter not expressly covered in this section. History.-s. 13, ch Penalties; duties of law enforcement officers.- (lj Any person violating any of the provisions of this chapter, or the rules and regulations issued hereunder, or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent said department in the performance of its duty in connection with the provisions of this chapter, shall be guilty of a misdemeanor of the second degree, punishable as provided ins In all prosecutions under this chapter involving the composition of a lot of commercial feed, a certified copy of the official analysis signed by the authorized agent of the department shall be accepted by the court as prima facie evidence of the composition. Each state or county law enforcement officer shall make arrests for violations of this chapter or of any rule, regulation or order promulgated or issued by the department under authority of this law, when such officer is notified of such violation by the department. (2) Nothing in this chapter shall be construed as requiring the department to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the chapter when it believes that the public interests will be best served by a suitable notice of warning in writing. (3) The department is hereby authorized to apply for, and the court may grant, upon sufficient evidence, a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter, or any rule or regulation promulgated under the chapter, notwithstanding the existence of other remedies at law; said injunction to be issued without bond. History.-s. 12, ch , 1955; s. 11, ch ; ss. 14, 35, ch ; s. 597, ch Penalty payable to consumer.-any consumer who shall purchase without notice a feed which is below guarantee as is forthwith described shall recover in any legal or administrative action that may be instituted penalties or damages as follows: (1) If the official analysis shall show that any feed bearing a guarantee of 20 percent protein, or less, falls more than 1 percent protein below the guarantee, or, if the analysis shall show that any feed bearing a guarantee of more than 20 percent protein falls more than 2 percent protein below the guarantee, $2 per ton for each percent protein deficiency shall be assessed against the guarantor. (2) If the official analysis shall show that any feed is deficient in fat by more than five-tenths percent fat, $2 per ton for each percent fat deficiency shall be assessed against the guarantor. (3) If the official analysis shall show that any feed bearing a maximum guarantee of not more than 20 percent fiber shall exceed this guarantee by more than 1 percent fiber, or if the analysis shall show that any feed bearing a maximum guarantee of more than 20 percent fiber shall exceed this guarantee by more than 2 percent fiber, $2 per ton for each percent fiber excess shall be assessed against the guarantor. (4) If any feed is found by the department to be short in weight, 4 times the invoice value of the actual shortage shall be assessed against the guarantor. The department, in its discretion, may allow reasonable tolerances for short weight due to loss through handling and transporting. (5) The minimum penalty under any of the foregoing provisions shall in no case be less than $3, regardless of the monetary value of the deficiency. (6) Within 60 days from the date of notice by the department to the registrant or the guarantor all penalties assessed under this section shall be paid to the department which shall deposit same in the State Treasury to the credit of the General Inspection Trust Fund, from which said General Inspection Trust Fund there shall be paid to the consumer, upon approval of the department, the amount of said penalties to which the said consumer is entitled under the provisions of this section. History.-s. 13, ch , 1955; s. 2, ch ; ss. 14, 35, ch Publications.-The department may publish, in such forms as it may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as it may consider advisable, and a summary report of the results of the analyses of official samples of commercial feeds sold within the state as compared with the analyses guaranteed on the label; provided, however, that the information concerning production and use of commercial feeds shall not disclose the operations of any person. History.-s. 14, ch , 1955; s. 12, ch ; ss. 14, 35, ch